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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Ive decided to divorce my husband of 30 years, he left the

Resolved Question:

I've decided to divorce my husband of 30 years, he left the marital home last June. My husband, children (which are over 18 now)and I relocated to our current home 13 years ago and my father sold his property to move in with us. My father who is now 80 years old has contributed approx £80k towards the modernisation and continues to contribute towards the upkeep of the property where as my husband hasn't contributed anything during the last 13 years. He was too busy buying motorbikes. The mortgage for this house has always been in my name with £55k outstanding.
My husband hasn't contributed anything towards bills since leaving in June 2013.
The value of the house now is approx £220k, the house was bought for £110k.
My husband is self employed and has a successful business. I am in full time employment although my job isn't that secure at the moment.
Obviously after 30 years of marriage my husband is entitled to a share of the equity in the house when sold. I've no intention of selling the house at the moment as my father is 80 and I don't want the upheaval of moving him.
Can my husband insist on putting the house up for sale now?
If the house was sold after something happened to my father would my husband be entitled to 50% of the equity bearing in mind the contribution my father made? I'm an only child and my father gave me the money towards improving our home. My father has also supported my husband when he started his own business.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did your father protect his investment in the property with a Declaration of Trust - if not may I ask why not?
Clare
Customer: replied 3 years ago.
Hello Clare
No my farther didn't protect his investment. At the time my mother had just passed away and Dad was living on his own. We then decided to relocate to be near my father.
I wish he had done now.
Expert:  Clare replied 3 years ago.
Hi
How much is your husbands business worth?
Clare
Customer: replied 3 years ago.
Hi he's a driving instructor, he earns approx £35k per annum
Expert:  Clare replied 3 years ago.
Hi
How much do you earn/
Clare
Customer: replied 3 years ago.
I earn £28k
Expert:  Clare replied 3 years ago.
H
How much did the Modernisation contribute to the increase in the value - what would it be worth if it had not been done (best guess)
Clare
Customer: replied 3 years ago.
The house needed gutting from top to bottom, we have added a conservatory, new kitchen, bathroom, floor, double glazing,electrics and a 1 bedroom extension with an additional bathroom and living room which Dad lives in.
I don't think the house would have increased much in value without all the work that has been completed.
Expert:  Clare replied 3 years ago.
Hi
Within the Financial side of the Divorce Proceedings your husband can indeed ask the court to order an immediate sale of the property
Whilst the starting point for division of the equity is 50/50 - the fact that your father has made such a substantial contribution will be taken into account - either on the basis that it he has an interest in the property - or that the fact that money came from him increased YOUR interest in the property
However if you wish to delay a sale you will need to raise th emoney to "buy out " his share of the property - which is something you need to negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
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